September 8, 1902.]
Thursday, 4th September.
IN SUMMARY JURISDICTION.
BEFORE H18 HONUR A. G. WISE (PUISNE JUDGE).
BODEMEYER ɛ. BOWA BREWING CO.
These were two act ons, heard jointly, one for $800 and the other for $596.90, the first claim being in respect of salary for four months and the second comprising $296.90 of hotel expenses paid by the plaintiff on behalf of Mr. Meslovsky aud $300 of travelling and other expenses incurred by the plaintiff on behalf of the Company.
Mr. E. J. Grist of Messrs. Wilkinson & Grist, solicitors, appeared for the plaintiff, and Mr. G. C. C. Master of Messrs. Johnson, Stokes & Master, solicitors, for the defendants. on the instruction of the Hon. Wei A Yuk and Mr. Fung Wa Chun.
Mr. H. H. Bodemeyer deposed that he was a surveyor. He was for some time in the employ of the Bona Brewing Co. He held the position of general manager and also of secretary. He paid $296.90 to the Hongkong Hotel for board "and lodging for Mr. Meslovky. The Bon. Wei A Yuk asked him to pay that sum because Mr. Meslovsky was retained to serve in the brewery. That was before any work had been actually sarted by the Company. He had applied to Mr. Wei A Yuk for the repayment of that money, but had always been put off with the statement that the Company had no money in hand but that it would be paid by-and-by. He went to Japan for the Company in January, 1900. He received a sum of $100 from Mr. Fung Wa Chun, which sum he entered in the books as
money received. It was paid to him as travelling expenses. He was sent to Japan to see what Mr. Meslovsky was doing. That $100 was al he recei- ved. His Japan expenses were altogether nearly 500 yen. He was away from 26th January till 5th March. He was obliged to borrow 300 yen from Mr. Meslovsky; all that money was ex- pended by him on behalf of the Company. Mr. Mes.ovsky had got judgment against him for the sum. Before that suit he went to see Mr. Wei A Yuk and Mr. Fung Wa Chuu. The latter told him that he had to fight Mr. Mis- lovsky's claim and then they would settle the matter. Mr. Wei A Yuk said the same thing. The $300 had not been paid to him yet. His salary was $200 a month, free travelling ex- penses and hotel expenses. His salary was reduced to $50 in April, 1901, on cerdition that when the Company got new capital the $150 per month would be refunded. That arrangement held during the month of May. Co 31st May he came to a further arrangement with Mr. Wei A Yuk-that being that he should go to Europe on telaf of the Company for the purpose of raising additional capital among his friends. His salary 98 10 continue at $200 a month and he had to lay his own travelling expenses. He went to Europe After expending more than $5,000 he received a letter while in Europe stating that he was no longer connected with the Brewing Co. and warning him not to represent himself as manager of the Company. He left for Europe in June. Before going he received £625, which was the proceeds of the sale of wood belonging to the Company at Chungshawan. That repres sented his slary for July, August and September. He had not been paid for June.
Cross-examined-He took the books of the Company to Europe with him and banded them over to the Company's soliciter on 31st May of this year.
Re-examined He was sent to Japan t watch Merlovsky, who the directors had reason to Lelieve, was not doing the work that he had been sent there, to do. The $300 he got from Mislovsky was expended partly in paying the detectives who traced out Meslovsky; ihat cost about 815" Then there were expenses for travelling back and forward from Nagasaki to the factory-$2 a day. He had also to give dinners to various people with whom he had dealings on behalf of the Company. He had been told to spare no trouble or expense when Le got his instructions before going to Japan. Mr. Fung Wa Chun deposed that Le was one of the partners in the Brewing Co. and took an active part in the start of the concern. He never agreed to the plaintiff going to Europe on the Company's Lusiness; nor was it agreed
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side work.
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CHINA OVERLAND TRADE REPORT. that he should get any salary after May. He goal, Gregory being the scorer. Humphreyslying never authorised plailiff to sell wood at Chung-well into opponents' territory received a pass, thawan, and did not know until that morning which he converted. Whitney got his hands on that plaintiff had realised $6:5 by the sale of the ball but could not hold it. Following an the word. He did not authorise plaintiff to exciting scrimmage in front of the V.R.C. goal, pay the hotel expenses of Mr. Meslovsky. the ball was carried down, and Hanos scored an Cross-examined-It was at the end of March; eusy goal. Plenty of ducking was taking place, that it was agreed to reduce the plaintiff's neither side being too particular. Whitney salary to $50; he was to be allowed to do out- called forth unfavourable comments by throwing
corner, At the end of May the plaintiff into the
when not hard pressed. resigned from the service of the Company: Loureiro scored the fifth goal from centre-the he did not go to Europe on the Company's ball striking the inside of the crossbar. Monk business. The Company was not going on now: almost scored from half-way, but he had no Hon. Wei A Yuk stated that it was not the luck. Half-time was called with the score :--- fact that he autherised the plaintiff to pay V.R.C., 5; R.W.F. 1 gcal.
After an interval of only a few minutes, the Mr. Meslovsky's hotel expenses. He did not know that plaintiff had sold wood at Chungsha-referee 10started the game without loss of time Loureiro wan and get $600 thereby that was done | Humphreys secured and passed.
tried a lorg shot which, however, went wide without his knowledge. Plaintiff resigned at
Mouk had a nice try, but Pereira was not to be the end of May and had no further connection with the Company.
beaten. Alves from the right scored with a shot
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Mr. Master in iddressing the Court charac- terised Mr. Bodemeyer's case as an impudent
claim.
Mr. Grist also addressed the Court.
His Lordship in giving judgment s id that the plaintiff had failed to prove that he had the authority of the Hon. Wei A Yuk to pay Mr. Meslovsky's hotel expenses. That disposed of the claim for 3246 90. As to the item of $300 for travelling expenses, his Lordship believed that he had actually got the money from Meslovsky but had spent it cu bis own pleasures and was bow trying to come upon the Company for the amount. There was no word in the books as to
how this $30 was spent, whereas minor ex- penses were fully recorded. As to the 8800 for salary, plaintiff admitted that his salary was re- duced to $50, and stated that Hon. Wei A Yuk and Mr. Fung Wa Chun asked him to go to Europe to raise more capital. The two defendants who were present were meu of business, but if they were likely to employ the plaintiff at his full salary to go to Europe to raise capital they were not the sort of business meu his Loids) ip thought them. He certainly would not have done so. The two defendants who had given evidence totally denied the plaintiff's story and as being be must accept their evidence correct. Judgment for defendants in both cases, with costs of one hearing.
The Court adjourned.
HONGKONG WATER-POLO ·
SHIELD FINAL.
V.R C. "A' . ROYAL WELSH FUSILIE RS. The weather conditions at Kowloon in the 30th ult. were not very favourable for the squatic game. At 4.30, an hour before the notified time of commencing play, a torrential downpour of rain started, ccompanied by thui der and lightning. his, however, cleared off about 5.30, and it was decided that the match
should be played. Arrangements had been made by the V.R.C. for a cousiderable number of spectators. Lut owing to the rain, the ordinary accommodation was ample. At 5.55, when the game started, the sky was dull and threatening: but matters were brightened somewhat by the ariival of over a dozen ladies, whose interest in the sport had made them brave the elements The teams and cfficials were as follows:——
V.R.C. A Pereira, gaol; Hance and Loureiro. backs; Alves, half-back; Herbst, Humphreys, and Bain, forwards.
R.W.F.-Whitney, guel; Holland and An- drews, backs; Coltman. half-back; Reberts Monk, and Gregory, forwards.
Refere-Mr. H A. Lammert; timekeeper- Mr. W. Cichar; fagman-Mr. H. M. Bain; linesmen- Mr. M. M'Iver (V.R.C.), Corpl. C. P. Hogg (R.V.F.).
THE GAME.
From the centre throw, the Fusiliers gained possession and had a long shot at goal, but without result. Two fouls in quick succession, the first for the soldiers and the other against them, made pls y rather interesting. The open- ing goal was trilliant and came from Humphreys, who, though hard pressed, threw hard and with sure aim into the net, after one minute's play. The second goal for the Club
Alves not long delayed. Was manoeuvred the ball into position and passed to Bain, whose shot so close in was unsavable. This was answered by a smart piece of work from the Fusilier forwards, which resulted in their first
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the goalkeeper might have saved. Humphreys again won the race for the ball, but Loureiro again shot wide. Gregory had two fine shots in quick succession, but one of the forwards, to whom the ball came, threw over the bar. Bain made no mistake about his next shot, which went into the net with great furce. From the centre throw Humphreys as usual gained the ball: passing to Loureiro the latter tried a long shot, which was successful. Goals were now coming at the rate of one a minute. Alves scored the ninth. Notwithstanding the big total against them, the Fusiliers stuck to their men gamely, and had cue or two likely tries. Gaining a corner, the ball was placed in the right spot, and Gregory scored the soldiers' second goal. After a few minutes' play Hum- phreys swam right into the goal mouth and tipped the ball over Whitney's head. From the resulting centre throw Humphreys was first ou the ball: he gave to Loureiro, who, owing to the incompetency of the goalkeeper, raised the V.R.C. total to eleven goals. Just before time, several players on both sides took cramp. On the restart, Monk had a splendid try, which completely beat Pereira, bringing the Fusilier Full time was called total to three goals. soon after with the cores :-
have
V.R.C., II; R.W.F., 3 goals. It seemed the general opinion that the Fusiliers had not done thems Ives justice, and were capable of giving the Club a much harder game. This was due in a great measure to their goalkeeper Whitney, who should never entered the water. For the losers Monk, Gregory, und Andrews played a first-rate game. The V.R.C. captain, Humphreys, was the outstanding man on the side. Chiefly due to him, Loureiro was able to score three goals. The other members of the team played with unselfishness and with good combination; these, combined with the strong swimming of Humphreys, were the chief factors in the Club winning for the fourth consecu- tire year the Shield and gold badges of the Water Polo Asscciation, and they thoroughly deserved their victory. Mr. H. A. Lammert
referee ; fair D though, due no doubt to the excitement of the moment, he occasionally forgot his position, and shouted advice to the Club. It is hoped that Mrs. Lobinson will present the Shield at the V.R.C. Sports, which are due to take place on the 11th and the two days following in this month.
was
HONGKONG.
The half mile race on the Happy Valley race- course on the 1st inst, between Black Tulip and Eeau, owners up, ended in an easy victory for the former.
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On the 2nd inst., in the Queen's Hotel, the chief and assistant naval engine-room artificers on tl is station sat down to dinner, the occasion being a combined welcome and farewell to incoming and Lome-going comrades. Covera were laid for forty, and the respective positions at table of those present were indicated by two Homeward floral wreaths bearing the words, bound" and " Welcome." The dinner was a most successful one, no mall credit for which is due to Mr. R. F. Daly, the new manager of the Queen's Hotel, who exerted himself to make A the occasion a thoroughly enjoyable one. concert which followed the dinner brought to a close an exceedingly pleasant evening.
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